Appeals court denies former officer’s request to remove judge before hearing

The Alabama Court of Criminal Appeals has denied former Decatur Police Officer Mac Marquette’s request to remove Judge Charles Elliott from his murder case. The court rejected claims that the judge engaged in improper communications, and Elliott will remain on the case as Marquette heads into an immunity hearing scheduled for next week.

Earlier this month, Marquette’s attorneys petitioned the Alabama Court of Criminal Appeals to remove Elliott from the case, citing alleged improper communications that “would lead a reasonable person to question his impartiality in this matter.” The defense claimed Elliott privately told a Decatur police lieutenant, a subpoenaed witness, that he planned to deny Marquette’s immunity request due to “extra-judicial concerns.”

“Judge Elliott admittedly initiated numerous ex parte conversations that an objective observer would conclude were highly improper and wholly unnecessary,” the petition reads.

However, the appeals court ruled that Marquette’s attorneys failed to present sworn affidavits or factual evidence to support their claims. The court determined no reason to question Elliott’s impartiality and denied the request to stay the upcoming immunity hearing.

“Marquette contends that Judge Elliott’s alleged ex parte communications demonstrate bias and warrant recusal. However, Marquette failed to present to the trial court or to this Court any sworn affidavit or factual evidence supporting his claim that the judge had engaged in an improper conversation with the police lieutenant. In fact, beyond the bare allegation in Marquette’s motion, the only evidence before this Court is Judge Elliott’s affidavit denying the allegations,” reads the motion.

Marquette is charged with the September 2023 on-duty shooting death of 39-year-old Stephen Perkins. The shooting occurred during a botched vehicle repossession, and Marquette maintains that he acted properly as a police officer when he shot and killed Perkins.

Following the incident, Marquette was placed on administrative leave while ALEA investigated. In January 2024, a Morgan County grand jury indicted him for murder, at which point he turned himself into the Morgan County Jail. He was later released on a $30,000 bond.

At the immunity hearing, Elliott will determine whether Marquette acted lawfully as a police officer when he shot Perkins. If the judge grants immunity, the case will be dismissed. If not, Marquette’s trial is scheduled to begin on April 7.

For now, Marquette remains free on bond ahead of next week’s hearing.